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Thread: HB 237 Criminal history record information checks upon handgun

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    Accomplished Advocate peter nap's Avatar
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    HB 237 Criminal history record information checks upon handgun

    Summary as introduced:
    Criminal history record information checks upon handgun purchases; protective order registry; dissemination of information. Provides that certain criminal history record information and protective order registry information shall be made available to the Attorney General of the United States for the purposes of a National Instant Criminal Background check to determine a personís eligibility to possess or purchase a firearm under state or federal law. The bill also limits the requirement for a Virginia-specific criminal history record information check to the purchase of handguns only. Under current law, the Virginia-specific criminal history record information check applies to all purchases of any firearm in the Commonwealth.
    I'm a little rusty on the instant background check.

    I was under the impression that Va opted out of the National Instant background check in lieu of the State instant background check.

    If that is the case, then I'm sure there will be people jumping for joy saying, we're getting long guns without the check...
    The problem is, we're partially opting into the Federal check.

    I need to do a little research but after scraping a little topsoil off of this bill, I think I uncovered the Septic Tank.

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    Regular Member mk4's Avatar
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    as explained to me by one ffl... take with a grain of salt.
    the ffl initiates the bc with the vsp transaction center. the vsp system, in turn, accesses the federal nics db electronically, along with a number of state dbs for info not contained in the federal nics.

    hopefully a ffl member here can confirm or refute.

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by mk4 View Post
    as explained to me by one ffl... take with a grain of salt.
    the ffl initiates the bc with the vsp transaction center. the vsp system, in turn, accesses the federal nics db electronically, along with a number of state dbs for info not contained in the federal nics.

    hopefully a ffl member here can confirm or refute.
    I think he's right. The VSP system ticks 5 state and Federal databases.

    I see no benefit from this Bill whatsoever and I see a lot of giving up information and control to the Feds.
    I also see it as a foot in the door to private sales regulation at Gunshows.

    What's the purpose of this bill?

    Ed, is this the Bill Black was bragging about?
    Last edited by peter nap; 01-10-2012 at 11:44 AM.

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    Regular Member vt357's Avatar
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    It looks like a compromise bill to take care of some of the problem of the VSP doing background checks being overwhelmed and causing delays. If they only had to check handguns then those buying long guns would (theoretically) not be subject to the delays in the "instant" state check. And those buying handguns would also "theoretically" not be subject to the delays b/c the officers running the state checks wouldn't be as busy. Unlike completely eliminating the state check and only using the federal check, this still allows the VSP to try and enforce the one handgun a month law (which I assume and hope there would be a bill again this session to eliminate that anyway).

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by vt357 View Post
    It looks like a compromise bill to take care of some of the problem of the VSP doing background checks being overwhelmed and causing delays. If they only had to check handguns then those buying long guns would (theoretically) not be subject to the delays in the "instant" state check. And those buying handguns would also "theoretically" not be subject to the delays b/c the officers running the state checks wouldn't be as busy. Unlike completely eliminating the state check and only using the federal check, this still allows the VSP to try and enforce the one handgun a month law (which I assume and hope there would be a bill again this session to eliminate that anyway).
    I suspect your right about trying to speed up the system but it's slow for a reason.
    The VSP is taking the process fee and using it for other purposes. Instead of hiring additional people, they're reducing the staff.

    Now they want to give up part of the program and send additional records directly to the Feds.
    Virginia was a state of the art program when the Brady Bill wanted waiting periods. Now we want to crawfish on part of it because the VSP won't tighten their belts.

    I wouldn't be as concerned if Mr. Black hadn't mentioned Gunshows. That tells me they are at least thinking about them and that's a bad thing.

    This one goes into the trash if I can pile right along with
    HB 95 Bear hound training; allows training of dogs to hunt bears to occur during day or night.
    Last edited by peter nap; 01-10-2012 at 12:59 PM.

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    Regular Member vt357's Avatar
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    Quote Originally Posted by peter nap View Post
    I suspect your right about trying to speed up the system but it's slow for a reason.
    The VSP is taking the process fee and using it for other purposes. Instead of hiring additional people, they're reducing the staff.
    And if they pass this bill do you think they will no longer require that fee for long gun purchases? ...haha that's a good one.

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by vt357 View Post
    And if they pass this bill do you think they will no longer require that fee for long gun purchases? ...haha that's a good one.
    Hell, they'll probably add another.

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    Quote Originally Posted by vt357 View Post
    And if they pass this bill do you think they will no longer require that fee for long gun purchases? ...haha that's a good one.
    Yes, that is a good one - the bill eliminates long guns from the scope of the statute - so there is no longer a $2 fee for long gun purchases under this bill. Just a simple NICS check called in by dealer like most states.

    The concept is straightforward - until the legislature decides what it wants to do with one hangun a month (probably no lawful for feds to retain firearms sales data long enough to screen for this Va. DQ), it can move to become a partial NICS point of contact state for handguns only. This means instant checks for at least long guns would be instant, and free.

    If at some point the legislature repeals one hangun a month, then the legislature can shut down the VSP Firearms Transaction Center completely!

    As for what the VSP does with the $2 fee, that's not up to the VSP - fees go to general revenure fund, not lock boxed for any one purpose.

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by Mike View Post
    Yes, that is a good one - the bill eliminates long guns from the scope of the statute - so there is no longer a $2 fee for long gun purchases under this bill. Just a simple NICS check called in by dealer like most states.

    The concept is straightforward - until the legislature decides what it wants to do with one hangun a month (probably no lawful for feds to retain firearms sales data long enough to screen for this Va. DQ), it can move to become a partial NICS point of contact state for handguns only. This means instant checks for at least long guns would be instant, and free.

    If at some point the legislature repeals one hangun a month, then the legislature can shut down the VSP Firearms Transaction Center completely!

    As for what the VSP does with the $2 fee, that's not up to the VSP - fees go to general revenure fund, not lock boxed for any one purpose.
    No, this is not a good one Mike!
    These are baby steps in the wrong direction...again!

    Give more information to the Feds and more control while the State still maintains some control.
    I saw nothing in the bill eliminating the $2.00 fee
    and the worst part is what I don't know. Why did Black mention gunshows. Gunshows are off limits...period and you can put lipstick on a pig, but it's still a pig.

    There's really no sense in debating this though.

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    [QUOTE=peter nap;1681139]No, this is not a good one Mike!
    These are baby steps in the wrong direction...again!

    Give more information to the Feds and more control while the State still maintains some control.
    I saw nothing in the bill eliminating the $2.00 fee
    and the worst part is what I don't know. Why did Black mention gunshows. Gunshows are off limits...period . . .QUOTE]

    The bill eliminates the need for Virginia directed "criminal history record checks" when buying long guns and so the command "J1. All licensed firearms dealers shall collect a fee of $2 for every transaction for which a criminal history record information check is required pursuant to this section" would therefore no longer apply to long guns.

    I have no idea what you mean re gun shows.

    One upside of the bill is to speed up instant checks to , er, make them instant, especially on gun show weekends when the VSP fall behind.

  11. #11
    Accomplished Advocate peter nap's Avatar
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    [QUOTE=Mike;1681765]
    Quote Originally Posted by peter nap View Post

    I have no idea what you mean re gun shows.

    One upside of the bill is to speed up instant checks to , er, make them instant, especially on gun show weekends when the VSP fall behind.
    It comes from a statement Black made in one of Ed's posts.
    It doesn't matter though, as I said...there isn't any sense in debating it. Support it if you like it.
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